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HomeMy WebLinkAboutZA AGENDA REPORT ITEM #1 ITEM #1 (r'dsyg"" ''ATE: DECEMBER 1, 1997 I nfe r- Co m ZONING ADMINISTRATOR TO: COMMUNITY DEVELOPMENT DEPARTMENT FROM: CONDITIONAL USE PERMIT 97-022 SUBJECT: APPLICANT: SPIRO G. DOUKAS DUKE'S HAMBURGERS 3945 GREEN CLOVER CIRCLE ORANGE, CA 92867 OWNER: TUSTIN COMPANY C/O GRAMERCY ENTERPRISES 626 WILSHIRE BLVD. , SUITE 400 LOS ANGELES, CA 90017 LOCATION: 15712 TUSTIN VILLAGE WAY ZONING: RETAIL COMMERCIAL DISTRICT (C-1,P) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO PROVISIONS OF SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: AUTHORIZATION FOR THE ON-SITE SALE OF BEER AND WINE (ABC LICENSE TYPE 114111) FOR ON--SITE CONSUMPTION IN CONJUNCTION WITH AN EXISTING RESTAURANT. RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action 97- 014 approving Conditional Use Permit 97-022 . Project Description The applicant is requesting authorization to obtain a license for the on-site sale of beer and wine (ABC license Type 114111 ) in conjunction with an existing restaurant located at 15712 Tustin V,,illage Way. Alcoholic beverage sales establishments are permitted in association with a restaurant use subject to the approval of a Conditional Use Permit. No outdoor seating is proposed (see Floor Plan) . Zoning Administrator Report December- 1, 1997 CUP 97-022 Page 2 Site and Surrounding Properties The restaurant is a 2, 300 sgLiare foot freestanding structure located within a commercial retail center north of McFadden Avenue between Williams Street and the SR-55 Freeway (see Site Plan) . Surrounding uses consist of residential to the north and west, and commercial uses to the south and east . The restaurant has an operating drive-thru window at the northern side of the building. Parking Requirements/Summary The restaurant is located in a commercial center which contains four individual buildings . The parking area for this center provides 200 spaces . Based on the parking requirements of the Retail Commercial District, the center is required to provide a total of 207 parking spaces . According to the submitted plans the restaurant provides 44 seats which require. fifteen (15) parking spaces . Condition 2 . 12 requires that the maximum number of seats shall be forty four (44) as previously approved for the restaurant . Alcoholic Beverage Sales Regula-tions and Guidelines Staff has reviewed the proposed use for conformance with the City' s Alcoholic Beverage Sales Establishment Guidelines (Attachment A) and the above-noted Zoning Code regulations. Key issues applicable to the applicant' s proposal are included in the following analysis : 1 . Location: The Zoning Code establishes criteria for off-site sales of alcoholic beverages, requiring a minimum distance of 100 feet from any residentially zoned or used properties; 500 feet from any church, public or private school, playground or hospital; and a minimum of 300 feet from any other off-site sales establishments . The restaurant at the western side of the property (Keno' s) holds a "Type 47" (on-site sale, beer, wine and distilled spirits) . The Shell service station to- the south of the subject property is licensed and operates -as a "Type 20" (off-site sale of beer and wine) . The residential use is separated from the subject building by a 115 foot right-of-way (77 feet wide) to the west and Tustin Village Way . Therefore, off-site sales of alcohol, including take--out or through the drive-thru window, could not be authorized at this location. The applicant proposes to sell beer and wine only for on-site consumption. The on-site consumption of alcoholic beverages in conjunction with a restaurant is not subject to the minimum distance requirement between establishments . Condition No. 2 . 1 has been included to prohibit the sale of beer and wine for consumption off premises . 'I Zoning -Administrator Report December 1; 1997 CUP 97-022 Page 3 2 . Hours of Operation: Currently the restaurant' s operating hours are 6 : 00 a.m. to 9 : 00 p.m. Monday though Sunday. However, the applicant is proposing to extend the hours of operation to 10 . 00 p.m. Sunday through Thursday and 11 : 00 p.m. Friday and Saturday upon obtaining the license to serve alcoholic beverages. Food prepared at the site will be available during the hours of operation. Staff has determined that the proposed hours of operation are not compatible with the surrounding residential uses . Condition 2 .3 limits the hours of operation to the existing hours upon the approval of this Conditional Use Permit. 3 : Serving of Beer and Wine: Consistent with the Guidelines, Conditions of Approval are included requiring that beer and wine is served only in conjunction with food service, and a condition that all persons serving beer and wine shall be eighteen -(18) years of age or older and supervised by someone twenty-one (21) years of age or older. 4 . Coin operated dames : The City' s Alcoholic Beverage Sales Establishment Guidelines state that no pool tables or coin operated games shall 'be permitted on the premises in conjunction with an alcoholic beverage sales establishment . No pool tables or coin operated games are proposed. A Condition of Approval has been included to prohibit the installation, of pool tables or coin-operated games . A copy of the application for Conditional Use Permit 97-022 was forwarded to the Tustin Police Department . The Police Department has expressed concerns related to the increased potential for drinking and driving and drinking in public associated with this proposal. Conditions 2 .1 and' 2 . 7 require that sale and consumption of alcoholic beverages be limited to 'the inside of the restaurant . No off-site sales, including through the drive-thru 'window will be permitted. Other conditions 'of approval ensure consistency with the City' s Alcoholic Beverage Sales Establishment Guidelines . Staff believes that these conditions, and others included in the attached resolution mitigate concerns related to the on-site sale and consumption of beer and wine in conjunction with a restaurant . Minoo Ashabi Daniel Fo AICP Assistant .-Planner Senior Planner ma:br:zareport\cup97D22.ma Attachments : Location Map Submitted Plans Attachment A - Alcoholic Beverage Sales Guidelines- Zoning Administrator Action. No. 97-014 . 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'� r F� .�. - r -'"�'�is - t:a - 7-1�3 T .,,, � 157J2-�J�ILi•.�/{Li�4Yi 1S{ -5c - t X1f R lrw�e r,L � _ � i. - - si-Z � P .� - -.J:.. • J F s --MST } ,r 1 y K _ � r a.l5iral fl i.e�4 LITI] - � ,s F�•� Fe��,3-� .�`.� tt - x `� ",�xs�''J w31 �,`�..3- -'i r s y � i`-{._� -"r"•..- r � �'��.�.„r_.. .._.wfi�r�' .rj5�.v��- _ r z• rtrq�iix.�5.-,rr:.�sw•,.r�:K,.�-.;r';_•:rS� ..�......�Q ur_-+k_'.'r...ye.. __._-i.__.,<...�. � r _-"�•-:-n�..'�-�..,.� � .,--:r ; ._�'.ri. S s.ar::�:�•= RESOLUTION NO. 3366 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING POLICY GUIDELINES TO BE 3 'FOLLOWED FOR CONSIDERATION OF ALCOHOLIC' BEVER.AGE SALES ESTABLISHMENT APPLICATIONS. 4 The Planning Commission of the City of Tustin does hereby resolve 5 as follows: 6 1. The Planning Commission finds and determines as follows: 7 A. That certain guidelines shall be considered by Community Development staff and the Planning Commission when 8 considering Conditional Use Permit applications for alcoholic beverage sales establishments. 9 B. ' That certain standard conditions shall be required on 'on- io site alcoholic beverage sales establishments in conjunction with a restaurant use as follows: 11 0 All alcoholic beverages shall -be consumed on site. 12 . 0 Authorization for on--site sales of beer and wine/liquor sales is contingent upon the use of the 13 subject site remaining a restaurant. At such time the restaurant use is discontinued the use permit , I becomes .null and void. 3. 0 All persons serving alcoholic beverages must be 5 eighteen years of age or older and supervised by someone twenty-one years of age or older. 16 Supervisor shall be present in same area as point of sale. 17 0 Hours of operation are limited to the hours of a.m. to p.m. (hours are identified 18 depending on the type of operation) Food must be served during these hours. 19 0 The menu of the restaurant shall consist of- foods that are prepared 'on the premises. 20 o No outdoor seating is allowed at this location. 0 No<. 'bar ' type seating is allowed. 21 0 There shall be no - pool tables or coin operated games on the premises at any time. 22 C. That certain standard conditions shall be required of 23 off-site sales establishments as follows: 24 0 Authorization for off-site sales of ` beer and wine/liquor is contingent upon the use, at the 25 subject site remaining as (specific, use is 26 identified here) . Should this use change -or be discontinued, authorization fogy= this use permit is 2' null and void.. ' 28 ii 0 All persons selling alcoholic beverages, shall be twenty-one -years of age or older. ATTACHMENT A Resolution ';:o. 3366 Page 2_ 2 � Hours of operation are limited to the hours of 3 to (Hours are identified depending on the type of operation) . 4 0 "No Loitering" signs shall be posted at the 5 entrance of the business -or other specified -location (s) . 6 o No pool tables or coin operated games are allowed at this location. o No alcoholic 'beverages shall be consumed on any 7 property adjacent to the licensed -premises under the control of the applicant. 8 o Refrigerated single-serving beverage containers shall be located in an enclosed refrigeration unit 9 no less than ten (10) feet from the point of sale and a minimum of five (5) feet from the store 10 entrance. 11 o No display, sale or distribution of beer or wine, wine coolers or similar alcoholic beverages shall be made from an ice tub, barrel or similar 12 container. o No sales or distribution .of alcoholic beverages 13 shall. be made from a drive-up or walk-up window. o All 'litter shall be removed from the exterior areas 14 around the premises including adjacent public sidewalk areas, and parking areas no less 15 frequently than once each day that the business is open. 16 o For establishments selling alcoholic beverages and gasoline, no signs advertising alcoholic beverages 17 may be visible from the exterior of the building or on gasoline pumps or island's. 18 o Public telephones inside and adjacent to the establishment shall_ be modified to prevent in- 19 coming calls.. 20 D. That certain standard conditions shall be required of on- 21 site sales establishments as follows: o All persons serving alcoholic beverages shall be 22 twenty-one years -of age or,' older. o "No' Loitering" signs shall be posted at the entrace 23 of the business or other specified location (s) . o No pool tables or' coin, operated games are allowed 24 at this location. o No alcoholic beverages shall be consumed on any 25 property adjacent to the licensed premises under the control of the applicant_; 26 o All litter shall be removed from the exterior area 27 around the premises including adjacent public sidewalk areas and parking areas no less frequently 28 than once each day that the business . is open. i o Public telephones inside and adjacent to the 3 establishment shall be modified to prevent in- coming calls . 4 E. That each Conditional -Use Permit application for an 5 alcoholic beverage sales establishment shall -be reviewed, 6 based upon location and type of such establishment, and consideration of the following- g guidelines: . . 7 A determihation' that, hours of operation requested are 8 appropriate for the use proposed and consideration given to the proposed uses relation to: 9 1. Residential areas; 10 2 • Protected uses, such as places of worship, parks, schools, hospitals, clinics, convalescent homes . 3 . Other similar uses; selling or serving alcohol; 11 . . • F- The applidant shall sign' and return an Agreement to 1? Conditions Imposed form which states that the applicant agrees to all conditions imposed, the conditions shall be 131 included on the State issued Alcoholic Beverage license, and failure to comply with any of the foregoing. conditions shall be grounds for suspension or revocation of the license. i5 PASSED AND ADOPTED by the Planning Commission of the City of Tustin 15 at a regular meeting held on the 25th day of September, 1995 . 17 r 18 19 MAI —JbSS44_62�_ 20 Chaix 21 22 Bp�BARA REYES 23 Recording Secretary 24 25 25 2811 I No. 336E r 2 STATE OF CALIFORNIA } 3 COUNTY OF ORANGE ) CITY OF TUSTIN } 4 • 5 I , BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the - Planning Commission of • the City of 6- Tustin, California; that Resolution No. 3366 was duly passed and adopted at a regular_ meeting of the Tustin Planning Commission, 7 held on the 25th day of September, 1995 . 8 9 10 BARBP.RA REYES 11 Recording Secretary 12 13 peresos\3366.rw 14 15 16 17 18 19 20 21 22 23 24 25 26 27 t • a 28 i i1 ZONING ADMINISTRATOR ACTION 97-014 i CONDITIONAL USE PERMIT 97-022` i 2 The. Zoning Administrator of the City of Tustin does hereby resolve 3 as follows : 4 I . The Zoning Administrator finds and determines -as follows : 5 A. That a proper application for Conditional Use Permit 97- 6 022 was filed by Spiro G. Doukas requesting authorization to obtain a license for the on-site sales and consumption 7 of beer and wine (ABC License- Type 114111 ) in conjunction with an existing restaurant located at 15712 Tustin 8 Village Way, Tustin. 9 B. That the. proposed use is allowed within the Retail Commercial zoning district (C-1) , with the approval of a 10 Conditional Use Permit . 11 C. That a public hearing was- duly called, noticed and held on said application on December 1, 1997 by the Zoning 12 - Administrator. r 13 D. That the establishment, maintenance, and operation of the use applied for'will not, under the circumstances of this •14 case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or 15 working in the neighborhood of' such proposed use nor be a detriment to the property and improvements in the 16 neighborhood of the subject property, nor to the general welfare .of the City of Tustin as evidenced by the 17 following findings : 18 1 . The proposed project complies with adopted Planning Commission guidelines for alcoholic beverage sales 19 establishments which have been established and considered to mitigate potential impacts associated 20 with the sale of alcohol in conjunction with restaurants . 21 2 , The sale of beer and wine would be for on-site 22 consumption only. 23 3 . The sale of alcohol would only be authorized in conjunction with a restaurant use. Sales of beer 24 and wine will be permitted only when food is available. Food provided will be prepared on the 25 premises. 26 4 . No billiard tables, coin operated games, dancing or entertainment are proposed on the restaurant �27 premises. 2,8 f I Zoning Administrator Action 97-014 Page 2 2 5 . All persons serving beer and wine will be eighteen 3 (18) years of age or older and supervised by someone twenty-one (21) years of age or older. The ' 4 supervisor will be present in the same area as point of sale. 5 6 . As conditioned, there is adequate parking for the 6 restaurant , and other uses through the use of on- site parking. 7 7 . As conditioned the hours of operation for the 8 restaurant will not impact the residential uses in the proximity of the restaurant . 9 E. That this project is Categorically Exempt from the 10 requirements of the California Environmental Quality Act, pursuant to Section 15301 (Class 1) . 11 F. That the project has been reviewed for consistency with 12 the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the 13 Air Quality Sub-element . 14 II . The Zoning Administrator hereby ' approves Conditional Use Permit No. 97-022 authorizing the on-site sale and consumption 15 of beer and wine (ABC License Type 114111) in conjunction with an existing restaurant located at 15712 .Tust-in Village Way, ' 16 subject to the conditions contained within Exhibit A, attached hereto. 17 18 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 1st day of* December, 1997 . 19 20 21 RICK BROWN, C.B.O. Zoning Administrator Designee 22 23 24 KATRY' MARTIN Recording Secretary 25 26 1 27 28 i - Ir i . I 1 Zoning -Administrator Action 97-014 Page 3 2 3 STATE OF CALIFORNIA ) 4 COUNTY OF ORANGE ) CITY OF TUSTIN ) 5 I, KATHY MARTIN, the undersigned, hereby certify that I am the 6 Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 97-014 7 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 1st day of December, 199'7 . 8 9 10 KATHY MARTIN Recording Secretary 11 12 14 15 16 17 18 19 20 21 22 23 24 25 i 27 L' 28 . EXHIBIT A ZONING ADMINISTRATOR 'ACTION 97-014 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 97-022 GENERAL (1} 1.1 The proposed project shall substantially conform with the submitted 'plans for the project date stamped December 1, 1997 on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit . The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are to be consistent _ with. -provisions of the Tustin City Code or other applicable regulations . (1) 1 .2 Conditional Use Permit approval shall become null and void unless an Alcoholic Beverage Control License Type 1141" is obtained from ASC and the sale and consumption of beer and.wine commences within twelve (12) months of the date of this exhibit . Time extensions may be granted by the Community Development Department if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 Approval of Conditional Use Permit 97-022 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1 .4 Conditional Use Permit' 97-022 authorizes ABC License Type, 114111 for the on-site sale and consumption of beer and wine only. (1) 1 . 5 The applicant shall hold harmless and defend the City of Tustin from all° claims and liabilities arising out of a challenge of, the City' s approval of this project . USE RESTRICTIONS (3) 2 .1 No off-site consumption of alcohol, including through the drive-thru window, for any .type of ABC license is authorized. All alcoholic beverages shall be consumed on-site. ------------------------------------------------------------------ SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION f ! Exhibit A Zoning Administrator Action 97-014 December 1, 1997 ; Page 2 (2) 2 .2 Hours of sales of beer and' wine shall be limited to the hours when food is available. Menu' items shall be available in the restaurant during business hours. (2) 2 .3 Hours of operation for the restaurant shall remain as existing, Monday though Sunday,. 6 : 00 a.m. to 9 : 00 p.m. (2) 2 .4 The menu of the restaurant shall consist of foods that are prepared on the premises. (5) 2 . 5 Any Health Code or other violations,' as determined by the County of Orange Health Care Agency, may be ' grounds for revocation of this Conditional Use Permit . (2) 2 . 6 Authorization for the on-site- sale of beer and wine (ABC License* Type 114111 ) is contingent upon the use of the subject premises remaining a restaurant . Should this use change or be discontinued, authorization for this use permit is null and void. (2) 2 .7 Consumption of alcoholic beverages outside the restaurant building is prohibited at all times. (2) 2 . 8 No outdoor seating shall be permitted unless a separate Conditional Use Permit is approved pursuant to the current provisions of the Tustin City Code. (2) 2 . 9 There shall be no billiard tables, coin operated games, dancing or live entertainment on the premises at any time.. (2) 2 .3.0 All persons selling alcoholic beverages shall be eighteen (18) years of age or older and shall be supervised by someone twenty one (21) years of age or older. A supervisor shall be present in same area. as point of sale. (4) 2 :11 All building locking devices added to the premises shall meet those requirements as set forth in the Building Security Code. (4) 2 . 12 Based on the submitted plans, the applicant -is authorized to a maximum of 44 seats for the restaurant . The number of seats shall not be increased unless the property owner demonstrates, through the submittal of• a ,parking and land use summary, or as otherwise authorized by current provisions of the Tustin City Code, that an adequate number of on-site parking spaces are available to accommodate additional seating for the restaurant . - i Exhibit A r Zoning Administrator Action .97-014 December 1, 1997 Page 3 DRIVE-THRU OPERATIONS (4) 3 .1 The: hours of operation for the drive-thru lane shall be limited to those hours that the restaurant is open to dine- in customers . (4) 3 .2 The menu board shall not display type and prices associated with any alcoholic beverages sold inside .the restaurant . FEES (1) 4.1 Within .forty-eight (4'8) hours of approval of the subject (5) project, the applicant shall . deliver to the Community Development Department, a cashier' s check payable to the COUNTY CLERK in the amount of $38 . 00 (thirty-eight dollars) ` to enable the City to file the appropriate environmental documentation for the project . If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party t . challenge the environmental determination under th provisions of the California Environmental Quality Acs could be significantly lengthened.